28-109: CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY
28-109.001: General
28-109.004: Government in the Sunshine
28-109.005: Notice
28-109.006: Evidence, Testimony, and Argument
PURPOSE AND EFFECT: CMT abbreviation is being added to the chapter title to alert reader of meaning. The purpose of amending Rule 28-109.001 is to delete unnecessary text and clarify language. Rule 28-109.004 is being amended to replace “may” with “shall,” requiring agencies to terminate proceedings until problems with communication networks are resolved. Rules 28-109.005 and 28-109.006 are being amended to clarify language.
SUMMARY: CMT abbreviation is being added to the chapter title to alert reader of meaning. The purpose of amending Rule 28-109.001 is to delete unnecessary text and clarify language. Rule 28-109.004 is being amended to replace “may” with “shall,” requiring agencies to terminate proceedings until problems with communication networks are resolved. Rules 28-109.005 and 28-109.006 are being amended to clarify language.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 120.54(5) FS.
LAW IMPLEMENTED: 120.54(5)(b)2. FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: 9:00 AM, Friday, December 15, 2006
PLACE: Room 2103, The Capitol, Tallahassee, Florida 32399-0001
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least two days before the workshop/meeting by contacting: Barbara Leighty, Senior Policy Analyst, telephone (850) 487-1884, Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Senior Policy Analyst, telephone (850) 487-1884, or Gladys Perez, General Counsel, telephone (850) 488-3494, Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001.
THE FULL TEXT OF THE PROPOSED RULE IS:
CHAPTER 28-109 CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY (CMT)
28-109.001 Purpose. General.
This chapter provides the implements the provisions of Section 120.54(5)(b)2., F.S., by providing general procedures to be followed when an the agency desires to conduct a proceeding by means of communications media technology (CMT) or to provide public access to a proceeding by the use of communications media technology CMT.
Specific Authority 120.54(5) FS. Law Implemented 120.54(5)(b)2. FS. History–New 4-1-97, Amended __________.
28-109.004 Government in the Sunshine.
(1) Nothing in this rule chapter shall be construed to permit the agency to conduct any proceeding otherwise subject to the provisions of Section 286.011, F.S., exclusively by means of CMT without making provision for the attendance of any member of
the public who desires to attend.
(2) No proceeding otherwise subject to Section 286.011, F.S., shall be conducted exclusively by means of CMT if the available technology is insufficient to permit all interested persons to attend. If during the course of a CMT proceeding technical problems
develop with the communications network that prevent interested persons from attending, the agency shall may terminate the proceeding until the problems have been corrected.
Specific Authority 120.54(5) FS. Law Implemented 120.54(5)(b)2. FS. History–New 4-1-97, Amended __________.
28-109.005 Notice.
When the agency chooses to conduct a CMT proceeding, it shall provide notice in the same manner as required for a non-CMT proceeding regular proceeding, except in the case of an emergency meeting which shall be noticed as provided in Rule 28-102.003, F.A.C., and shall plainly state that such proceeding is to be conducted utilizing CMT and identify the specific type of CMT to be used. The notice shall describe how interested persons may attend and shall include:
(1) Tthe address or addresses of all access points, specifically designating those which are in locations normally open to the public. If, for example, a CMT proceeding is to be conducted by utilizing a telephone conference hookup, the notice shall so state and shall provide.
(2) Tthe address of each access point where an interested person may go for the purpose of attending the proceeding.
(3)The notice shall also contain Aan address and telephone number where an interested person may write or call for additional information. and shall provide
(4) Aan address and designated person to whom a person may submit written or other physical evidence which he or she intends to offer into evidence during the CMT proceedings.
Specific Authority 120.54(5) FS. Law Implemented 120.54(5)(b)2. FS. History–New 4-1-97, Amended __________.
28-109.006 Evidence, Testimony, and Argument.
(1) Any evidence, testimony, and argument which is offered introduced utilizing CMT shall be afforded equal consideration as if it were offered introduced by its proponent in person, and but shall be subject to the same objections. as if it were made in person.
(2) No change.
Specific Authority 120.54(5) FS. Law Implemented 120.54(5)(b)2. FS. History–New 4-1-97, Amended __________.